North Carolina Newspapers

r 1 OSct, la tb "Standard" bulldlnr, East side of FayettrrUIe Street. . MARCUS tJRWIN, LEWIS THURSDAY, DECEMBER 7, 1871. Judge Brooks' Charge. We cheerfully yield a large part of our space to the very able, excellent and impartial charge of Judge Brooks to the Grand Jury, at the opening of the present term of the U. S. Circuit Court. We most heartily wish that this paper could be read by every man in North Carolina. It enunciates the true prin ciples of our government, and the true policy for our Courts in the administra tion of the law. The innocent have nothing to fear from such a Judge, while the guilty have but little to hope. But the portion . of the charge that will attract most attention is that in which his Honor charges .the Grand Jury to present all officials who have transcended their powers, cr used them oppressively. This Is right, and we hope the grand jury will be especially vigilant in the inquiry. The best of laws may be executed by such officials and in such a manner as to render them odious to the people, and the govern ment unpopular. And such, we fear, from the complaints made,' is tho - case In several counties in this State. In all such cases we hope and believe Judge Brooks will promptly discharge the guilty officials, if in hispower. Oh! Consistency, Thou art a Jewel. Certain members of the General As sembly are vociferous in their denun ciations of Gov. Caldwell, ' because, as they say, he allows the rights of the peo ple to be trampled upon by a usurping power without remonstrance. These same members, while pretend ing to be the especial advocates and guardians of the rights of the people; turn their backs upon the dear people, and unceremoniously kick: their peti . tions out of the Legislative Halls when , ever they dare to suggest that there are "members'of the Legisluture who have been guilty of offences which render them unfit to be law-makers. No matter what these wise men may think of the people, the people have certainly formed a very unfavorable opinion of many of them, f I Arc tho members of this Legislature made of such pure material that the people have no right to enquire into their acts? Upon what meat do these . our Caesars feed, that they are grown so great? The Forthcoming Message. Congress assembled in regular session .at the Capitol of the Natipn on Mon day. The President's menage is look ed for with unusual interest, and will attract unusual attention. Several days will elapse before we shall be able to lay it before our readers. In the mean time we can do no more than speculate as to its probable .contents. "We think it safe to predict that in many respects it will disappoint the hopes of the De mocracy. They are anxious to see a uplit in the Republican party, so they ! can unite with tho anti-Grant Republi cans for his defeat. But there is not the slightest probability that the party will split upon men where no princi ple, and no great measure of policy, is involved. The only questions upon which u di vision is possible are those of a reform in the civil service, a reform in the ' revenue system, and general amnesty. On all of the points of difference, ex cept the last named, we thinl? it safe to predict that1 the message will be satis factory to the most advanced and lib eral Republicans. The proposed "jias sire policy" of the Democracy, so pre maturely developed, has already borne ! its fruit, and borne it in for the Repub lican party. The Republican states men and leaders are men of wisdom and sagacity equal to the emergency. They see the necessity of yielding on several important points, to the more liberal and advanced ideas of the party, both for the good of the coutry and the consolidation and perpetuation of the party. This policy, which, it is believ ed,1 will be clearly foreshadowed by the forthcoming message, cannot fail to prove successful." Progress and advance ment is the order of the day, and the Republican party will keep pace with the demands of the times. A reform In the civil service, and in the revenue, will be recommended and adopted that will be accepted by such liberal states men as Senator Trumbull, and such pa pers as The X. Y. Keening iW. The result will be that instead of a divi-ion in tho Republican party, there will. ' more likely be one in the Democratic party. Instead of the Conservative Re- ' publicans going to the Democratic par ty, the Conservative Democrats will be more likely to come to the Republicans. And in that evnt an era of good feel ing will dawn upon the country. On the subject of Amnesty it is sup posed tho message will be silent. Yet there is ground to hope, that even that great measure of pacification will be recommended. If It Is not the South people will themselves be to blame for it, in a great measure. If it is not, the cause may Ik? found in the reliell iousand insurrectionary organization, known as the Invisible Empire or Ku Klux Klan, which has been so much palliated and excused by the Democrat-, ic press of the South generally. But, whether the measure be recommended in the message or not, there is good rea son tp believe that it will be adopts! by Congress thUr Winter, And then the last cause of difference between leading jtejmblfcan statesmen will be at an end, ESBM and the perpetuation of tho party and the peace of the country be secured.--The Ku Klux organization will speedi ly die, if it is not already dead, and peace and quiet will once more bless the land under the auspices of the great party that saved the Union and re-es tablished the government. Democracy will die with the Ku Klux it will live to curse the country no more. The government will resume its old chan nels upon the happening of these events, and the punishment of crime will again be left to the State laws and the hta Courts. i Editorial Correspondence. ! AsilEVILLE, Nov. 29, 1871. ; The Superior Court for this coun commenced its fall term on Monday last, the 27th, Judge Henry presiding. The criminal docket was concluded yes terday, except soma half dozen cases against John Dryman, a notorious horse thief. lie was convicted in two casps yesterday, and, at the time of writing this, is on trial for stealing a pair pf boots. He is likely to be a sojourner in your city for some time to come. The Western Division of the Western N. C. Railroad Company met here last Sveek, and re-elected most of the old Directors, and Maj. W. V. Rollins ks its President. It is understood that the commission appointed by a former Leg islature to adjust and compromise its affairs with Swepson and Littlefield,w 11 very soon make a satisfactory and fi 11 report to the'Lcgislaturc, as they were required by law to do, of all their trans actions, showing how much they have got, and how it has tqen disposed , of. It is believed they will be able to re sume work on tho road between this place and the Tennessee line at an early da v. Their engineers have lately been re-estimating the work done by con tractors on the road, in pursuance of an order of the Board of Directors, which was necessary to enable them jto ascertain exactly what each contractor ,was entitled to, and thus the payment to contractors has been delayed. . t I ; "The Eastern Division of the W. N. C. R. R. had a Directors' meeting here yesterday. Its result has not yet n ed the . public. Gentlemen connect with it, in positions to know what they affirm, speak confidently of their abili ty to make arrangements, which will ensure Its speedy completion to tnis place. A suit is pending here, institu ted at this term of the Court, toremoTe the present Board, with Col. Sam'l Tate as its President, and instal Mr. Hower- ton and the Directors appointed by Gov. Caldwell. Appliaation was made to Judge Henry, before the meeting of the court, for a mandamus in the case, which he declined to order. It is to jbe hoped that the litigation among: these contestants for the offices in this road may not retard its construction. What ever mav be the merits of either side of this controversy, which is apparent ly n. party and . personal strife, . the great interests of the people ought ijot to be sacrificed lor it. ine roau ougm to le completed, and can be completed, if its affairs are properly managed, and the public is becoming disgusted with these railroad squabbles, which enpre in the end to the benefit of nobody liut a few aspirants for lucrative positions. cratic parties in the State can furnish nlotinsr our ercat public works, tarn them over to some one out of the State, who can and will do with them w bat the public interests require. From gentlemen from vari03 counties around this, of both parties, a very fa- es- vorable opinion of the Governor's y sage is expressed. His views in relation to the public debt are generally com mended. That is the great and vital question with the people of the Wpst, and that something practical and prompt shall be done about it is wjhat they most desire, for if left in its pres ent condition they may as well aban don all hopes in the future of any Sjtate aid for valuable improvements which ought to be made in this section of the State. Amendments' to the Constitu tion after the result of the last August election, it was not supposed by j the people in this region, would be serious ly thought of. The ballots of those jvho voted " Against Convention" weregen erally intended to signify their opposi tion to the moite of amendment bio posed by the Conservatives. Jhe few unimiortant amendments suggested by the Governor in his message, would proliably be more than the; Republicans of the West would ask for, if the mat ter was submitted to them now ; a id if they were agreed to insist upon all the material changes advocated in I the Democratic Address,' or in the bill in troduced by Mr. Robbins in the Senate, the impression is that they would favor an unrestricted Convention for that purpose. The people of lotii parties want prac tical work out of their Legislators, on practical subjects, and the .Republican party is certainly strong enough, and ought to be wise enough, to go at this work, without any waste of time, jn at tempting to make any better, record than they now have before the country, or to inflict unnecessary blows, in an inappropriate arena, tiKn the corpse of the Ku Klux. M.1K. Who are They? t The Sentinel says there are a nujnber of Democrats ready to sell themselves and their principles to the Republicans for six hundred dollars. How does Tiie Sentinel know? Is its editor one f them ? If so it becomes nece ary to inform it that he will-lie unable to find a purchaser. , No party can jjfford to pav that price for him to serve it in any other capacity than that of an op ponent. . Sooner than loose him ir that capacity the. Republicans will jay a much larger sum to support his paiper caxh dcnrn, if necessary. v The! Newest Departure. Tho latefdisastrous defeat of theDem ocratic party, in New York and in oth er States, lias brought it to an acknowl edgement of the existence of some "acts which ought to have been as apparent to it, before these elections occurred, as they were Jto every one else. Foremost among such facts are : 1st. The; certainty of General Grant's re-nomination, by the Republican party, for the high office which he now holds. i 2nd. The certainty of his re-election if he should be opposed by the nominee of a regular Democratic Convention upon any j such platform as they have attempted; to stand upon since the Pres idential contest of 1S68. 3rd. They must sincerely and hearti ly abandon any further opposition to the principles or policy of the recon struction jacts, or the amendments to the Constitution adopted since the close of the War. . 4th. That their only hope is in a coa lition with the disaffected anti-Grant element in the Republican party, the " objective point " of which combina tion is tb be "the defeat of General Grant," as the Democratic journals, of course, add 44 in Vie interest of the eoim try." This newest of new departures the last deduction of the wise heads of De mocracy from their view of the actual condition of the party politics of the country-fis endorsed by their leading journals, and by many of tneir aDiest Dublicmen. That it will be a. failure any one at all acquainted with the his tory and fate of similar coalitions and combinations, in times past, need not be told, jj The statement of the "object" of such ai movement, is enough to satis fy any intelligent observer of the pres ent public sentiment of the country, that it h4s no chance of success. I That a; great political party, admit ting itself vanquished at all points and wrong upon all practical public ques tions should disband and rove, about the continent, up and down, from Mis souri to 'Massachusetts, in quest of tho discontented, dissatisfied and disappoin ted deserters from the ranks of its late opponents, proposing coalitions, com binations; and-confederacies upon the purely selfish and unworthy principle and upon no other of personal oppo sition to the President, is as unbecoming in thosefwho have engaged in it, as it is unlikely to succeed with the Ameri can people. ; There is a certain carriage and con duct which can make a brave and ear nest man as honorable and as respected in defeat, as he might have been glori ous in vjctory ; a dignified submission to the inevitable whicli sheds an ever increasing lustre upon his adverse for tunes, as years go - by, and makes of him, at Jast, afhero in history. In hu miliating and painful contrast to such a noble ipectacle in one who fights for the mer sake of fierhticr, after the mat ter in cdntest is settled ; who kicks and scratches and bites after he is down and disarmed and further resistance is vain ; ho adds ignominy to the mor tification of his overthrow, by ineffect ual and j spiteful struggles for revenge against superior forces. The Democratic party, overwhelmed now as its leading organs admit, by a succession of crushing defeats, has vir tually declared its organization at an end anl abandoned its principles. It proclaims its purpose to seek new lead ers and fnew alliances to renew a con test, which, in our judgment, is as hope less for St in the future as it has been destructive in the past. Let that once great if arty consider the contrast we havq drawn above, and even if it shoujd Ilia ve to pick up deserters from the Republican camp to collect and mar&hrfl, and lead, its dispersed and scattered forces, let them rally upon the inspiration of some worthier and no bler motive than merely " the defeat of General Grant." Time might evolve a better platform than tjis for the Democracy, and they ought pot, therefore, to be in haste to take lit. The Republicans cannot, in all times to come, find better ground than this to place their foes upon. If the "issue of General Grant's ac ceptability, personally, to the people should be distinctly made in the next canvass, by any coalition against him, as ia, f ugecsted by those Democratic journals which declare that their "ob jectiv4 point " in the next campaign must be 4 the defeat of General Grant,11 then his election against all odds is sure. For whatever the President Grant may have done or omitted to do, however his administration or his pol icy may have failed, or whatever of ficial j delinquencies may be justly chargable upon some of the many thou sands ;o office holders under him, the man and the soldier, Grant is strong er to-flay in the hearts of the American people than he ever was. When, there fore, the only avowed purpose of a na tional party is to "defeat" him, it will arouse in General Grant's behalf an earnest interest which the contest might not otherwise have, without this ingredient of personality, and General Grant will have much to gain from its introduction into the canvass. If,' ithen, the Democracy should burn their'old books, as they propose, meet at ijarrisburg or Baltimore, as it is said (hey will do, on this SOth day of November, with certain mutinous Re publicans, and there, over a fat thanks giving turkey, lay down this latest of theirj"departures" from common pru dence arid common sense "The defeat country" as their platform, for the next campaign, tne rout oi ine ring in NewlYork will not be a "circumstance" j to the overwhelming defeat which the i people will administer to them next November, i Charge of Ills Honor, Judge Brooks, To the Grand Jury, at the opening of the present term of the United States Circuit Court in this City. You have been summoned as intelli crpnh. honpst citizens, to act as iurors in this Court, and now, you gentlemen nave been drawn and sworn to periorm the most important duties in theadmin istration of the Criminal Laws of the United States. - The importance of these duties, now devolving upon you, may be easily seen, if you will remember that it is through your action only, that any vio lation of the Criminal laws of the Uni ted States, in the district of North Car olina, can be tried by the Courts of the country, and the guilty punished, if properly convicted. The Criminal jurisdiction of the Courts of the United States is confined to such acts as are declared to be crimes by the statutes of the United States, and in that respect, the jurisdiction of the Courts of the United States is un like that conferred upon the State Courts by the Constitution and laws of the State. While this is the highest Court which sits under the authority of the Consti tution and laws of the United States, in which a jury is called upon to act, and under the law is invested with power to try and to punish any violation of XI 1 - - l1!.. -m-rA- 4- Wrt 4- nnmn. i a 1 5 Tin ited to the trial and punishment of such acts of commission as are expressly pro hibited by the statutes of the United States, or such acts of omission as are expressly enjoined by the laws "of the United States. This spreads out before you, gentle men, a wide field of labor. It is no less than the whole Criminal Code of the United ; States. Every act charged against a party, which constitutes a crime under these laws, from the high crime of treason to the most trivial act, known as a misdemeanor under the law. It is quite unnecessary, I think, at this time, to detain you, while it would require me to describe particu larly to you all, or even any considera ble number of these offences. Therefore I will only call particularly to your at tention and describe such acts as are violations of the laws, as are of most frequent occurrence in the district of .North Carolina, and are most liKeiy to demand your attention and action. (Here His Honor proceeded, to de scribe offences in relation to the coin and currency of the country offences in the Post Office department of the Government, and the Customs and In ternal Revenue.) There is one other subject which I feel that it is my duty to call to your attention, and to express more fully to you my views in regard to your duty. This relates to the Thirteenth, Four teenth and Fifteenth Amendments to the Constitution of the United States, and the acts of Congress passed subse quently to these Amendments, and pur suant to the powers granted by them. I approach this subject, gentlemen, fully conscious that I am not sustained in the oninion I entertain, in resrard to the extent of the legitimate powers of the Federal uovernment, Dy very many gentleman of great albility and virtues gentlemen to whom I will readily ac cord the same purity of intention as that I claim for myself. Such I know will be just to themselves, and in being so thev will not be unjust to me for these differences of opinion. I wish vou distinctly tQ understand mat i Triii osprcoo no opinion upon tnis subject with any . view to partizan or political effect whatever, any opinion which may be spoken, written or pub lished to the contrary notwithstanding. I have no partizan interests or purposes to subserve; I will not, while I occupy the position I now do. I would be false to my oath, gentlemen, if I should act othervie,audyou would be false to your oaths, if you should allow yourselves to be influenced to any extent in your ac tion by any political views you may entertain. - Courts of justice should have no policy, no party interests to pro mote, but upon principle they should enforce the law. Would it be in any way consistent with the distribution of the powers made by the Constitution itself I may say by the people of the United States themselves, between the Legislative, Executive and Judicial departments,to hold that the Courts may nullify or re pudiate a law ; to say that we do not approve this law and will not enforce it, or we do approve of this and we will enforce it. No such "po wer was designed to be conferred upon the Courts, and it is well, gentlemen that it was not. We may err, gentlemen you and I may err. We are human "and to err is hu man," good men sometimes err,the, bad often err, but there is a vast difference between the errors of the good man and the errors of the bad man. The one errs from misapprehension of duty, always from mistake, the other is from indif ference to justice and mast usually in tentional and sometimes deliberate and corrupt. It was supposed that in the Constitu tion of the United States, as originally formed, ample powers were given the government to protect its citizens, as necessity at that time demanded, and to protect itself from disintegration. But we have heard a different theory advocated, and this, too, by gentlemen as learned and virtuous as any of whom our country can boast. Prior to our late unhappy difficulties there were twelve amendments made and adopted to the Constitution. These were mainly of a character limiting and defining federal power. Subse quently ,there have been three, the same I have before mentioned, and it is to these, and the legislation of Congress passed pursuant to the provision of them that I desire to call more particularly to your attention. The 13th amendment, or that sub mitted by the joint resolution of the two TTnnse of Confrress.rassed on the 1st day of Feburary, 1S65, and which was after wards adopted by tne required numoer of States, abolishes slavery or invol untary servitude (except for ' crime) througout the United States. The 14th amendment exienos citi zenship to that class of people who,pre vious to the adoption of the 13th amendment, had been slaves, and all others born or naturalized in the United States and subject to the jurisdiction thereof who were not theretofore citi zens, and restrains the State from the nassafre or enforcement of any law dis criminating in its character. The fifteenth, and the last, up to this time, is that nnssed bv the ioint resolu tion of Congress, on the 27th Feburary, 1869. and subsequently adopted. By this, it is declared "the right of citizens of the United States' to vote, shall not be denied or abridged by the United States, or by any State on 1 account of race color or previous condition of ser vitude," and to each of these ; amend ments it is added that the "Conoress of the United States shall have power to i enforce this article by appropriate leg islation." The Congress of the United States has, by acts of legislation, suitable in the opinion of that body, prohibited by pains and penalties, the violation of any right thus conferred upon any citi zen. --i t" -i ' Now as to the policy or the propriety of these amendments and these laws. I repeat that I do not propose even so much as to intimate my opinion. But I do declare that the amendments men tioned are now parts of our Constition. And the acts of Congress (the provis ion, of which I will more particularly describe) are within the power so con fered, and are constitutional and valid laws. ' ' - ? The Conen-ess of the United States hdri nassed. Dursuant to the power con ferred by the three amendments just referred to, three seperate acts for the purpose of making effectual these amendments bv securing: to that class to whom citizenship was extenned, the equal rights bo conferred. ' The first of these acts was passed on the 9th April, 1869. It is scarcely nec sessary that I should describe particu larly the provisions of this act, in as much as the most material provisions of it were re-enacted by Congress in the act of May 31st, 1870, which latter act is much more elaborate and comprehen sive in its character. By the 1st section of the act last men tioned, it is declared "that all citizens of the United States, who are, or shall be, otherwise qualified by law to vote at any election by the people in any State, territory, district, county, city, parish, township, school district, muni cipality, or other territorial subdivis ion, shall be entitled and allowed to voto at all such elections, without dis tinction, of race, color, or previous con dition of servitude, any constitution, law, custom, usage or regulation of any State or territory to the contrary not withstanding.', i- In some of the States it is enacted by law that certain requirements shall be conformed to to entitle citizens to vote in the elections, such as registering, as is required in this State. Officers are appointed and charged with the duties of resristerinsr voters. By the second section of this act it is provided that if any such officer shall refuse, or know ingly omit, to allow to any such citizen opportunity to perform any such pre requisite, without distinction as to any so entitled, shall be guilty of a misde meanor, and is made indictable. By the 3rd section it is declared that the offer of any citizen, entitled to vote, to conform to any requirement of the law, though his offeror application may be refused (if wrongful) will be held and deemed as if he had conformed ; and if the officers of the election shall refuse to allow such persons so rejected, to vote, such officer shall be guilty of a misdemeanor. The fourth section enacts that if any person by force, bribery, threats, intim idation, or other unlawful means, shall hinder, delay, or obstruct, orshallcom, bine with others to hinder, delay, or obstruct any citizen from doing any act required to be done to entitle him to vote, or from voting at any election, shall be guilty of a misdemeanor. It is also a crime to go in disguise up on the premises of another with intent to ; intimidate another, and prevent the free exercise of his will in voting, or to prevent his voting, or to punish him for having voted in any particular way, or for committing any othercrime wile acting:, with intent to commit the last described act. It is made unlawful by this act for o to pciisunate another in registering to vote, or in voting. The Congress, subsequently regarding these acts as inadequate for the pur- f oses designed, on the 20th of Apri', 871, passed another act, the provisions of the second section of which are the most important for your consideration, and which will perhaps be better under stood if I read them to you the lan guange employed by our law-makers. I charge you that the provisions of these laws which I have mentioned, de mand respect and obedience from this court, ana from you. Justice is due from every man to his neighbor and fel low citzens. The constituted authori ties have declared that no man, or com bination of men shall interfere, by threat or force, to influence the action of any citzen in the exercise of the right of franchise, or because of the manner in which he has exercised that right, and it is made unlawful to do these things, and heavy penalties are pro nouced against those who violate the provisions of these laws. , If any have done those acts which are forbidden by these laws, it is not a mat ter of choice with you to say whether you will present them as violators of the laws, but it is a necessity and a du ty that you will do so ; it is your sworn duty to do so, whether you approve or disapprove the law If all men elected or appointed to of fice were competent and honest (and by the term honest I mean faithful to the trusts confided), it would be unnec essary to detain you longer on this oc casion to . describe ; other violations of the law. But inasmuch as we know that all men in official positions are not thus honest and faithful in the dis charge of their duties, it is, in my opin ion,'an imperative duty on my part to describe to you some of the obligations which are laid upon officers by the law, and some of the prohibitions also, laid upon them, while exercising the duties and enjoying the emoluments of their office. - While there are large and important powers resting by the law in the officers appointed to enforce the internal reve nue law, there are yet restraints placed around their action by punishments Provided to be inflicted upon convic tion, which would be wholesome in deed, if, when unworthy men in office violate the law, they were pToperly prosecuted and convicted. That all meni should be honest is a proposition that will not be denied and the proposition is but little varied when I lay it down that every man should be an honest man. But is it not especially true, that every one elect ed or appointed to office should be hon est and faithful and vigilant in the per formance of his official duties ? Every officer is a fiduciary he is trusted. It is always immoral and often a crime to betray a trust. A crime committed by an officer, one trusted with power, is worse than the same act committed by another "'' l The same law, gentlemen, which vests these Internal Revenue officers with such, powers and emoluments for bids that they shall demand of any, more than is due. If they shall do so this is extortion. This law also forbids that these officers shall do any unlaw act, which shall affect another injuri ously, while exercising their office, if they shall do so, this is oppression and this is a crime. They must not do a lawful act in an unlawful manner for if the unlawful manner should i re sult in Injury to the person acted upon this would be oppression;: ' Our law doe3 not require or ailpW of any, such injustice to any human being, and if persons are subjected to any such wrong or greater j inconvenience than is necessary to secure for the govern ment a fair trial of the charges against such as may be accused and the ap pearance of the party to answer and conform to the judgment of the Court. Such WTong is the result of the miscon duct of unworthy instruments used in the execution of the law. While it will be no less your duty to apply your selves diligently to the work before you, with the spirit and object I have stated, I well know that you may expect to call down upon you the con demnation of some who claim to be re spectable citizens of the United States and of North Carolina. These accusa tions may even be in the form of libel lous publications in some of the news papers of the country. If this should be so, (and I repeat you may well ex U ,r, mnv find that such accu- iations will emanate from the same classes of people, wno iuiv c y their duty in these degenerate times to censure the judiciary whenever, in the performance of any duty, they do not Sinswer the partizan views lof these emi , nentlii patriotic citizens. You will find them too, to consist of two classes. First, those whose ignorance will not enable them to understand the true theory of our government; who, un fortunately; have not the intelligence to understand that itis one pf thecardi nal principles established by our Consti tution that the three great departments of our government, to wit:.theLegi sI1a" tive, Executive, and Judicial, shall be kept separate; who, although they are North Carolinians, and profess to sympathize ! with! her in her misfort unes, and jeaious pf her rights, yet are so ignorant that Jthey cannot under stand that the same cardinal principles is expressed in our bill of rights. They ri fw mnnnt understand, that V A lllvl "Vv . . " - this provision is no new principle, en- craned upon our tuuMHumi noses of oppression. They do not seem to understand that Judges and Jurors are bound to perform their parts re spectively in the enforcement of such constitutional laws as the Legislative Department may! see proper to enact. And secondly, of a few whose better ri intliorpnoe would ena- ble them readily to .comprehend the force and importance of this fundamen tal principle which 1 have menuoneu ; who can and db clearly understand 1,- finfu nnH views in the enforce- ment of the laws,! yet who are so want ing; in amiability and patriotism that they really woum nave us uj aauswi ruptly as they would,'if charged with our duties. Now, gentleman, any ex pressions of condemnation from such men, whether they be spoken, writ-' ten or printed, are worth but little, and eViMiiH nnf rtptpr vnu from the per formance of your duty, or any part of your duty. Accurate self-knowledge, gentlemen, hinllva hard amuirement to AO V X - 9 make, and yet" there are but few in- junctions more uiuumg uyun are clothed with the power and charged with the duty of enforcing the law, than that counselled in this language : 14 Know thyself," and they should re member always the truth of the senti ment expressed in these lines : "First to thine own self be true And it must follow, as the "night the day, Thou canst not then be false to any man." Unfortunately, crentlemen, there seems with many to be too little importance attached ;to correci and wortny moiives as a qualification for official position. There seems to be too much yielding to that poli Hon 1 proverb, that ' mistake i3 worse it nan a crime." This is not true, gentlemen. It should not be true. It will not be true while the principles of our holy Christian religion exercise their proper influence in the formation of our opinions. I do not mean by this to express the opinion that mentaRultivation is not necessary, to some extent, to qualify a person for even any official position, and as the duties of the office are more important and difficult to be performed, the men tal qualifications required are assuredly the greater. Yet it is unquestionably true that the most cultivated mind the most learned man is unfit to be trusted with any official position or power in the enforcement of the law, if he shall not be armed with the impor tant qualification of honesty and integ rity of purpose. What would the rep utation for learning of our great Amer ican Constitutional Judge, Chief Justice Marshal be wrorth if it was remember ed of him that he was a corrupt, dis honest man or judge ? This may easily be seen by the mention of the name of Lord Bacon, who was the ablest and most learned of England's judges. I repeat it, gentlemen, that there are those among us who do not appreciate official integrity ; but he is, to say the loast of "it, a timid man, who being an officer, high or low, would shrink from the performance of a plain duty for fear of censure emanating from any such. Our Constitution declares that no person snail be deprived of life, liberty or property but by the law of the land, and it is to secure persons in these rights that our criminal laws have been enacted, and are required to be enforced. It may be truly stated that the great and leading purpose of the criminal law of every enlightened and Christian country is the thorough and effectual suppression of crime. If the' wicked man should be allowed to take life whenever his iloodthirsty passions might be aroused, and he finds himself physically able to redress his wrongs whether real or imaginary; I ask what security would there be for life, even in our highly favored conntry? If the! rapacious cormorant, such as we sometimes find in human form, should be allowed to acquire the prop erty of his weaker neighbor to such ex tent asr his physical strength or the weakness of others would enable him, unrestrained by wholesome and efficient laws, I ask you, gentlemen, what pro tection Would we enjoy in regard to our property, even at this age and in this country. If men of extraordinary ambition and presumption were not restrained by the wholosome provisions of our Constitution and laws, I ask, of what value WTuid the boasted liberty of an American citizen be? It is not ven geance that our law demands, but it. punishes those who are unmindful of its provisions, to the end that it may be respected and not violated ; to the end that crime may be suppressed, and that everywhere in our vast -country life, liberty and our property may be secure, j ; - It was long ago declared, gentlemen, that it is the certainty more than the se verity of any punishment pronounced by the law. for any disregard of its re quirements, that is found effectual in the suppression of crime. This declara tion is as true to-day, as it was when first expressed. We may be well assured, that if every one who contemplates the commission of crime, could know, that as certainly as he violates the law, so 3 certainly he will receive the punish ment provided for .his disobedience, there would be much less of crim0than, unhappily for us, every good man must know does exist. ! .Then it is most important, gentle men, that the due and proper punish ment for crime should be rendered most certain. I But this is not all. There is another important object-which has enj-agtHl the attention of all great and good men who have, from time to time,! acted orominently in tho formation pf our criminal laws. This is to protect the innocent from false accusations and ma licious prosecutions. There have been persons who would punish the innocent with the infliction of the penalties of a hiffhly criminal law, to quench a thirst for revenge, or to render some object desired the more easily or more burelv to be attained. He who shall cherish; such desires, gentlemen, is asbad as he; who deliberately commits the hyorst crime No system yet devised has been found so effectual in promoting these , two great objects of the law the .cer tainty of punishment to the guilty, and protection to the innocent as that which relates to our Grand J uries. ; . You have then, g ntlemcn, duties of the most important character to per form1. These are no less than to find out the guilty, that they may be tried, and if convicted, be punished, and pro tect the innocent from the malicious or false accuser. ; - J That you may not fail to estmat properly the importance of protecting the innocent by the most careful and scrutenizingexaminationsofthechargea brought before you, I will remind j you of the recent unfortunate and disturbed condition of portions of this district. You are not ignorant of the unfortunate manifestations of insubordination t law. and I may add, of hostility our frovernments, both National and, -and State. You know that tho passions of men1 are aroused, and while there) may be those who would, at the price of their character, shield the gui;from a just punishment for their crimen,1 there may yet be those who would, in their greed for! revenge, accu.-e Hie innocent, or even those who would l.c fruilty of noles3 k crime by accusing some innocent person, if they -should believe some cbveted object would thereby be rendered attainable. ; The government, gentlemen, ,dp9ires that no innocent man shall be accused j and that ho guilty man shall (escape punishment, and you are looked to by this court and the government t per-, form honestly, fearlessly and faithfully your duty in the attainment of both these important objects. -il . j. Are those objects unholy? j.fnth men, are they oppressive V I They ! are only to compel obedience to thejlaw, to the end that the government inay be preserved and domestic tranquility may be enjoyed. J I- For what purposes were our t cacral Constitution and Government forined ? The great and good men who 'assembled' at Philadelphia, and rcpresenti tig the people of the United States, declared the great purposes to be accomplished in these words: "We, the people 6f the United States, in order to form a more--perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare and secure the blessings of lib erty to ourselves and our posterity, do ordain and establish this Constitution for the United States of Americaj" Those good men knew that dissen sions had arisen, that threatened tho very existence of the Union, and I they well knew that others even more serious would arise, unless they formed a goiprnment of the character of that they then established. This Constitu tion as it has been amended froih time to time by the American people is that charter of the liberties of (every American citizen, which it is nqw. the duty of every good citizen to sustain,, that we ourselves may enjoy domestic tranquility and that our posterity may not have a greater right to complain of their ancestors than we have of iours. I would detain you no longer now, gentlemen, but for a complaint ( in re gard to the conduct of certain ftKleral officers and appointees of this Court, which have been made known jto me since I arrived in this city, j r i It is asserted that there are j United States commissioners In the district of North Carolina, who have jsigned, and are in the habit of signing; j blank warrants and delivering to deputy mar shals, or other persons selected, such warrants so signed, with i instructions to arrest any persons whom they may suspect of violation of the laws, and in sert the names of such as they should so arrest in the warrant. And this without a charge made upon the oath j or affidavit of any one. . h i If this be true, gentlemen, of any United States officer in this district, I 1 regard such officer as a public grievance, and it is a subject proper to be enquir- v ed into by you, that the Court i may be ; s informed truly in regard to this com plaint. . j : -f I .. I In the latter part of the first section of the fourteenth amendment t the Constitution is found th.s language, "nor shall any State deprive any per son of life, liberty or property without due process of law." j l ' I It would be a reflection upon the Congress proposing this amendment and the States adopting it, to hold that while the States are prohibited, from interfering with the liberties of any human being xcitliout due process of late, that individuals, and olficers i . too, of the Federal Government, may violate this sacred right, by imprisoning any citizen without any lawful warrant or accusation. f j . It is scarcely probable thatjany com missioner could have read thfc first and the last important provisions pf the section of the amendment referred to without having read that provision I nave repeated. j If any officer has, in this way, with the liberties of our people ignorance of his duties, then si trifled from such of- fleer is too ignorant for the position he holds. If any officer has committed the acts complained of, for any other reason, then such officer, is either too negligent or too corrupt to fill such office longer, and this Court will promptly discharge its duty when correctly in- lormed. Mr. Turner, in The SentineVof Sat urday, calls upon assistant District At-j I wiuvy jr jumps uuu ijiarsnai i ;arrow ro hurry up their indictment against him. Seeking another martyrdom ? And the foul imputation against Mr. Phillips' purity and integrity! It would not have been made against a spirited cren- tleman who stood upon his rights as such under the 44 Code." Mr. Phillips! is a consistent member of a Christian Church, and can be safely assailed at a distance. But Mr. Turner is not likel v to provoke him to any rash act not 4sv w3w . 1 n .1 A 1 1 ucijf iaj gam huj ttUVUllUlgO SOUgill. Cease viper, you bite a file, I